Assignment: Legal System of Pakistan

Legal System of Pakistan:

Paksitani law is made on the basis of British
Common Law. Some ammendments were made
according to the need of the people and also
according to the religious will of people residing. It
has been noticed that the legal system followed in
UK is adversarial in nature. Pakistan as said before
adopted the law from UK so it is also following an
adversarial form of legal system in which the
lawyers represent clients infront of a neutral judge
who on the basis of evidence, laws, witnesses and
legal procedures gives a decision. The main
advantage of this system is that the juge does not
have to look into details instead they are provided
to them by the parties themselves and the truth
could come out when both parties are debating on
their points. The main criticism on this form of legal
system is that which party has the best lawyer who
can present their case well can win, wether they are
right or wrong. In this system which party has more
money is more likely to win the case. The judge in
this system is a neutral person who hears both sides
and gives the final verdict.

Both Legal Systems Described

Briefly:
Adversarial:
Adversarial is a type of legal system which is mostly
followed in many countries including USA and UK. The
term adversary means opponent in conflict contest or
dispute, in legal jurisdiction this term means a system of
courts in which lawyers have the active role in producing
evidence in their clients favour and dismissing or
diminishing any evidence which is against the favour of
their client. The judge in the adversarial system has the
passive role who after listening to both sides comes to a
conclusion. The lawyers of both defendant and plantiff
argue, debate, provide witnesses against eachother while
judge has to give a verdict without involvement in the
case. The principle used in adversarial system is that
when both sides are given due representation truth will
come out on its own. The judge being a passive actor in
adversarial system gives the decision by looking on the
evidence produced by both sides and it is supposed to be
just.this system gives both the parties confidence to
present their case in best way before a judge who is not
involved in investigation, who remains neutral
throughout the hearings of cases.

Inquisitorial:
Inquisitorial is a form of legal system which is mostly
followed in communist world such as China, Russia,
Japan, and also in some other countries like Germany,
Scotland and also in UK for minor traffic violations. The
word inquisitorial came from inquisition which means
questioning someone. In this form of legal system the
judge plays an active role in legal proceedings or hearing.
The lawyers have a passive role in presenting their
clients. The judge carries out investigation and other
procedures of producing evidence and witnesses. Both
the parties are questioned by the judge and at the end a
decision is made by judge according to their own
investigation. The judge here plays the role of executive.
In this system the role of lawyers is diminished to a great
extent they only represent their parties and in some
cases there is no need of lawyers to present the case.
The judge is the sole authority to carry out investigation
and give a verdict accordingly.